Commissioner's Directive

Date:
2012-06-13

Number:
712-2

Detention

Issued under the authority of the Commissioner of the Correctional Service of Canada

 


Policy Objective

1. To establish procedures for the assessment of offenders against the criteria for detention and submission of cases to the Parole Board of Canada within prescribed timeframes.

Authorities

2. Corrections and Conditional Release Act (CCRA), sections 3.1, 4, 129, 130, 131, 132,
146(3) and Schedules I and II

Corrections and Conditional Release Regulations (CCRR), section 160

National Defence Act, section 130

Application

3. This Commissioner's Directive applies to staff responsible for assessing offenders against the detention criteria.

Responsibilities

4. The Assistant Deputy Commissioner, Institutional Operations, will:

  1. review Commissioner's referrals and provide advice to the Regional Deputy Commissioner (RDC) regarding the appropriateness of the referral and, where necessary, prepare a letter from the RDC to the Commissioner supporting the referral for detention; and
  2. immediately report any loss of jurisdiction to the Regional Deputy Commissioner and the Assistant Commissioner, Correctional Operations and Programs.

5. The Institutional Head/District Director will establish and maintain a process to address those cases under consideration for referral for detention.

6. The District Director will establish a process to ensure case preparation for detention referral for those federal offenders under provincial custody.

7. The Area Director will ensure each parole office has a contact person who will respond to institutional requests for consultation regarding detention reviews.

8. The Manager, Assessment and Interventions/ Manager, Intensive Intervention Strategy, and the Parole Officer Supervisor, will review the Commissioner's referrals and provide advice to the Institutional Head/District Director regarding the appropriateness of the referral and, where necessary, prepare a letter from the Institutional Head/District Director to the RDC supporting the referral for detention.

9. The Chief, Sentence Management, will:

  1. identify whether offenders are serving a sentence for an offence under Schedule I or II of the CCRA; and
  2. implement the detention order.

10. The Parole Officer will:

  1. review the case of an offender against the detention criteria within the prescribed timeframe;
  2. consult with the appropriate parole office when an offender is being considered for detention;
  3. inform the offender regarding the detention referral process; and
  4. ensure all information relevant to the decision- making is shared with the offender.

Detention Criteria Overview

11. All offenders will be reviewed, prior to statutory release (SR), to determine whether they meet the detention criteria as outlined in section 129 of the CCRA, which stipulates:

  1. offender is serving a sentence of two years or more for a Schedule I offence, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act, and whether that offence caused death or serious harm to another person or involved a sexual offence involving a child (paragraph 129(2)(a) of the CCRA); and
  2. offender is serving a sentence for a Schedule II offence (paragraph 129(2)(b) of the CCRA), including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act.

Procedures

Direct Referral

12. The Parole Officer will refer the case directly to the Parole Board of Canada (PBC):

  1. when one or more criteria identified in subsection 129(2) of the CCRA are met; and
  2. more than six months before the offender's statutory release date (SRD).

Commissioner's Referral

13. The Parole Officer will prepare the case, as per Annex C. Regional Headquarters will forward the referral to National Headquarters for further review and final decision, and if appropriate, forward it to the Parole Board of Canada under subsection 129(3) of the CCRA, when:

  1. not all the criteria identified in subsection 129(2) of the CCRA are met, but there are reasonable grounds to believe the offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, and there are more than six months to his/her SRD;
  2. six months or less remain to the SRD and new information is received (new in time or substance) within those six months; or
  3. as a result of a change in the SRD due to a recalculation, the SRD has passed or six months or less remain before the new SRD (paragraph 129(3)(b) of the CCRA).

14. When the SRD has passed, the case will be immediately reviewed by the Parole Officer to assess whether a referral is required and, where applicable, the Commissioner will refer the case to the Chairperson of the PBC within two working days of the recalculation of the sentence.

Detention Pre-Screening Review

15. The Parole Officer will complete the Detention Pre-Screening for all offenders as per Annex B and Annex D, no later than 11 months prior to their SRD (or as soon as practicable), to determine whether there are reasonable grounds to believe the offender is likely to commit one of the following before sentence expiration:

  1. an offence causing death or serious harm to another person;
  2. a sexual offence involving a child; or
  3. a serious drug offence.

16. Prior to finalizing the Detention Pre-Screening on cases that are being considered for detention, the institutional Parole Officer will consult with the parole office where the offender would be released. The consultation will be incorporated into the Detention Pre-Screening Report. In cases where the offender has not identified a release location, consultation will occur in the area where the offender was sentenced.

17. If, as a result of recalculation of sentence, the new SRD is greater than 11 months from the date the sentence is recalculated, the Parole Officer will complete a Detention Pre-Screening Report.

18. If the offender is on day parole 11 months prior to his/her SRD, there is no need to complete the Detention Pre-Screening Review.

Case Conference for Detention Review

19. The Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, and the Parole Officer Supervisor, will review the Detention Pre-Screening Report and document the results as per Annex C.

20. The Institutional Head/District Director will make the final decision on the referral.

New Information

21. If, at any time, new information is subsequently received that could alter the decision to either refer or not refer an offender for detention, the Parole Officer will reassess the case.

Case Preparation

22. If a referral to the PBC is warranted, the Parole Officer will ensure all required assessments are completed and incorporated into the analysis of the Assessment for Decision as per Annex E.

Direct Referral Procedures

23. The offender's case will be prepared for a direct referral as per Annex C.

24. The Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, and Parole Officer Supervisor will ensure the case is referred to the PBC regional office, normally nine months and prior to six months before the offender's SRD.

Commissioner's Referral Procedures

25. The case for a Commissioner's referral will be prepared for review by Regional Headquarters and National Headquarters, as per Annex C.

Consequence of a Referral

26. The Parole Officer will advise the offender that once the case has been referred to the PBC, he/she is not entitled to be released on SR prior to the PBC having rendered its decision (subsection 130(2) of the CCRA). The offender remains eligible for full parole, day parole, work release and temporary absences.

Withdrawal of a Referral

27. A case referred to the PBC may be withdrawn when:

  1. new information indicates the referral criteria at the time the case was referred was not met; or
  2. the SRD has changed.

28. For direct referrals:

  1. if new information was received and:
    1. the Statutory Release date is within nine months, the operational unit that made the original referral will complete an Assessment for Decision Addendum outlining the reasons for the withdrawal and request a Community Strategy and Assessment for Decision for Statutory Release,
    2. there are more than nine months to SRD, the operational unit that made the original referral will provide an Assessment for Decision Addendum outlining the reasons for the withdrawal;
  2. if the offender's SRD has changed and:
    1. the new Statutory Release date is within nine months, the operational unit that made the original referral will complete an Assessment for Decision Addendum outlining the reasons for the withdrawal and request a CS and Assessment for Decision for Statutory Release,
    2. there are more than nine months to the new SRD, the operational unit that made the original referral will provide an Assessment for Decision Addendum outlining the reasons for the withdrawal.

29. For Commissioner's referrals, a written request, made by either the Commissioner or the Senior Deputy Commissioner will be provided to the PBC, outlining the reasons for the requested withdrawal. A new Assessment for Decision will be submitted for Statutory Release.

Change in the Offender's Circumstances or Change in Recommendation

30. Changes in the offender's circumstances or a change in recommendation by the referral agent will be communicated to the PBC without delay.

31. The Parole Officer will submit a new Assessment for Decision outlining the reasons for the change in recommendation prior to the scheduled hearing. In exceptional circumstances, the change in recommendation can be given verbally at the detention hearing.

Consequences of a Detention Order

32. Once a detention order has been issued, the Parole Officer will advise the offender that:

  1. he/she is only eligible for escorted temporary absences for medical or administrative reasons and for early discretionary release. Any outstanding applications for a form of conditional release are nullified; and
  2. the detention order will be reviewed at least annually.

Annual Review of Detained Offenders

33. The institutional Parole Officer will complete the Assessment for Decision as per Annex G, no later than two months prior to the review, recommending:

  1. confirmation of the order of detention;
  2. the offender be released on one-chance SR with residency; or
  3. the offender be released on one-chance SR.

34. The institutional Parole Officer will consider submitting a recommendation to remove the order prior to the annual detention review if there are demonstrated gains, and it is determined that alternative measures can effectively manage the offender's risk factors.

35. Where a condition of residency is recommended, the institutional Parole Officer will complete the Regional Consent - Statutory Release with Residency (CSC/SCC 1218) to be signed by the Assistant Deputy Commissioner, Institutional Operations (refer to Annex H).

Detained Offenders Who Receive an Additional Sentence Resulting in an Alteration to Their Warrant Expiry Date

36. If a detained offender receives an additional sentence that alters their warrant expiry date and the new SRD has passed or is within nine months, the Parole Officer will submit an Assessment for Decision as per Annex F to the PBC within five days to recommend that:

  1. the original order be confirmed; or
  2. the order be amended to prevent the release of the offender beyond the original warrant expiry date.

37. If a detained offender receives an additional sentence and there are more than nine months to the new SRD, the order is cancelled. A new referral for detention will be initiated as applicable.

Offenders Under Suspension

38. When an offender is suspended, the community Parole Officer will address the detention criteria within their Assessment for Decision.

39. When the offender does not meet the criteria for detention, a new Detention Pre-Screening is not required, regardless of the time remaining until his/her SRD.

40. If it is determined that the offender meets the detention criteria, the case will be referred once the PBC has revoked the offender's conditional release. A new Detention Pre-Screening Report will be required.

41. When six months or less remain before the new SRD, the community Parole Officer will prepare a Commissioner's referral following the procedures outlined in Annex C, unless otherwise agreed upon between the Institutional Head and the District Director.

42. If there are more than six months to the SRD, the institutional Parole Officer will prepare the referral following the procedures outlined in Annex C, unless otherwise agreed upon between the Institutional Head and the District Director.

Certifiable Offenders

43. The fact that an offender is certified, or potentially certifiable, as mentally ill under a provincial mental health act will not preclude a referral for detention review if it is believed on reasonable grounds that he/she is likely, before sentence expiry, to commit an offence causing death or serious harm to another person; a sexual offence involving a child; or a serious drug offence.

Federal Offenders in Provincial Custody Being Considered for Detention (Exchange of Service Agreement and/or Due to Court Orders)

44. When a federal offender is serving a sentence in a provincial facility and there are reasons to believe that a referral for detention under subsection 129(2) of the CCRA is warranted, the province will usually transfer the offender to a federal institution to initiate the detention referral process.

45. In exceptional circumstances, the province may keep the offender in provincial custody and submit the referral for detention as per the following:

  1. the head of the provincial facility will notify the CSC Regional Headquarters of the potential referral and will transmit the supporting documentation;
  2. Regional Headquarters will determine whether there is sufficient time to transfer the offender to federal custody prior to initiating a referral;
  3. if there is insufficient time, the Regional Deputy Commissioner will immediately contact the Commissioner requesting that the powers of the Service under section 129 of the CCRA be delegated to the province [subsection 129(8)]; and
  4. the Commissioner will delegate the authority for detention referral to the head of the provincial correctional facility concerned.

46. Depending on the length of time a federal offender has been in provincial custody due to court orders, the respective Institutional Head and District Director will determine the responsibility for case preparation for detention.

47. An offender may appeal the PBC decision for a detention order as per the criteria outlined in CD 712-3 - Parole Board of Canada Hearings.

Implementation of Decisions

48. Sentence Management will immediately implement the detention order upon receipt of the PBC decision.

Loss of Jurisdiction

49. Jurisdiction for a detention referral will be lost, resulting in an inability to refer an inmate for detention, if:

  1. a referral is not submitted more than six months prior to the statutory release date unless it is a Commissioner's referral based on new information; or
  2. a Commissioner's referral is not submitted within two working days if, as a result of recalculation of sentence, the statutory release date has passed; or
  3. a referral to amend an existing detention order is not submitted when a sentence recalculation alters the warrant expiry date and the next statutory release date has passed or is within nine months; or
  4. following the revocation of an offender's release when the new statutory release date is imminent, a referral for detention is not submitted before the end of the statutory release date.

50. If a loss of jurisdiction occurs, the Institutional Head will immediately advise the Assistant Deputy Commissioner, Institutional Operations. If in the community, the District Director will immediately advise the Regional Deputy Commissioner. The memorandum will include:

  1. summary of the offender profile and criminal history;
  2. events leading to the loss of jurisdiction;
  3. the offender's current location and supervision status;
  4. risk presented by the offender to the community and actions being taken to mitigate the risk; and
  5. action being taken regarding policy compliance.

Enquiries

51. Strategic Policy Division
National Headquarters
Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca

Commissioner,

Original signed by

Don Head

Annex A: Cross-References and Definitions

Cross-References

Definitions

New information:
Information that is new in time or substance.
Reasonable grounds:
Reasonable grounds are required to support a suspicion or belief. In order to be reasonable, the grounds must be:
  1. objective (i.e. what other staff members with similar training and experience consider reasonable);
  2. clear (i.e. based on verifiable facts or factors rather than just a subjective feeling, hunch or intuition); and
  3. related to and supporting a conclusion of suspicion or belief.

Annex B: Detention Pre-screening Report

1. Case Status

Provide an overview of the offender's case and include the sentence length and current offences.

2. Conduct a Succinct Review of the Detention Criteria Outlined Below to Determine if the Offender Meets any of the Criteria

Schedule I Offences

The offender is currently serving a sentence of imprisonment of two years or more that includes a sentence imposed for an offence set out in Schedule I of the CCRA that was prosecuted by way of indictment, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act.

Met Not Met

Current Schedule I Offence(s) for this Offender

This offence involved death or serious harm. (Refer to CD 705-8 - Assessing Serious Harm.)

Met Not Met

Subparagraph 129(2)(a)(i)

The commission of the offence caused the death of or serious harm to another person and there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender's sentence according to law.

Met Not Met

Subparagraph 129(2)(a)(ii)

The offence was a sexual offence involving a child and there are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child or an offence causing death or serious harm to another person before the expiration of the offender's sentence according to law.

Met Not Met

Schedule II Offences

The offender is currently serving a sentence of imprisonment of two years or more that includes a sentence imposed for an offence set out in Schedule II of the CCRA that was prosecuted by way of indictment, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act.

Met Not Met

Current Schedule II Offence(s) for this Offender
Paragraph 129(2)(b)

There are reasonable grounds to believe that the offender is likely to commit a serious drug offence prior to the expiration of the sentence according to law.

Met Not Met

3. Final Assessment and Recommendation Regarding Referral for Detention

Indicate whether the case will be recommended for detention review, taking into consideration the criteria in section 132 of the CCRA.

Incorporate the results of the consultation with the community as applicable.

If the offender will not be referred, provide a brief rationale for why he/she does not meet the detention criteria.

If the offender is being referred, indicate the section of the CCRA under which the case is being considered and provide the rationale (succinct in nature) that supports the referral for detention.

Note: The specific factors under section 132 of the CCRA will be analyzed in detail in the Assessment for Decision.

Annex C: Referral Process for Detention

Direct Referral Commissioner's Referral
More than six month to statutory release date Six months or less to statutory release date
1. Detention Pre-Screening is completed by the Parole Officer within the prescribed timeframe. 1. Detention Pre-Screening is completed by the Parole Officer within the prescribed timeframe. 1. Detention Pre-Screening is completed by the Parole Officer as soon as the new information is received.
2. The Parole Officer will consult the contact person at the parole office to discuss the case being considered for detention and the consult will be documented in the Detention Pre-Screening Report. 2. The Parole Officer will consult with the contact person at the parole office to discuss the case being considered for detention and the consult will be documented in the Detention Pre-Screening Report. 2. The Parole Officer will consult with the contact person at the parole office (if applicable) to discuss the case being considered for detention and the consult will be documented in the Detention Pre-Screening Report.
3. The Parole Officer and the Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, will discuss the referral and, if in agreement, the results will be documented in the "Additional recommendations" section of the Detention Pre-Screening. 3. The Parole Officer and the Manager, Assessment and Interventions/ Manager, Intensive Intervention Strategy, will discuss the referral and, if in agreement, the results will be documented in the "Additional recommendations" section of the Detention Pre-Screening. 3. The Parole Officer and the Manager, Assessment and Interventions/ Manager, Intensive Intervention Strategy, will discuss the referral and, if in agreement, the results will be documented in the "Additional recommendations" section of the Detention Pre-Screening.
4. The Institutional Head will make the final decision on the referral. The results will be documented in the "decision to refer" section of the Detention Pre-Screening. 4. The Institutional Head will make the decision on the referral. If the Institutional Head is not in agreement, the decision is documented in the "decision to refer" section of the Detention Pre-Screening. 4. The Institutional Head/District Director will make the decision on the referral. If the Institutional Head/District Director is not in agreement, the decision is documented in the "decision to refer" section of the Detention Pre-Screening.
5. The Parole Officer will request a psychological risk assessment (if one is not available) as per CD 840 - Psychological Services. 5. The Parole Officer will request a psychological risk assessment (if one is not available) as per CD 840 - Psychological Services. 5. The Parole Officer will request a psychological risk assessment (if one is not available) as per CD 840 - Psychological Services.
6. The Assessment for Decision will normally be completed no later than nine months prior to statutory release. 6. The Assessment for Decision will normally be completed and locked no later than nine months prior to statutory release. 6. The Assessment for Decision will normally be completed as soon as possible.
7. The Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, will quality control the report and will ensure the case is forwarded to the PBC as soon as possible and prior to six months before SRD. 7. The Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, will review the Assessment for Decision and will prepare a referral letter from the Institutional Head to the Regional Deputy Commissioner, recommending the Commissioner's referral. 7. The Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy/Parole Officer Supervisor will review the Assessment for Decision and refer to the Institutional Head/District Director. The Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy/Parole Officer Supervisor will prepare a referral letter from the Institutional Head/District Director to the Regional Deputy Commissioner recommending the Commissioner's referral.
8. If a loss of jurisdiction occurs, the Institutional Head/District Director will immediately advise the Assistant Deputy Commissioner, Institutional Operations. The Assistant Deputy Commissioner, Institutional Operations will advise NHQ Institutional Reintegration Division, who will, in turn, inform the Assistant Commissioner, Correctional Operations and Programs. 8. The results of the review by the Warden are documented in the "additional recommendation" section of the Detention Pre-Screening. 8. The results of the review by the Warden/District Director are documented in the "additional recommendation" section of the Detention Pre-Screening.
  9. The Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, will ensure that the Assessment for Decision and referral letter are forwarded to the Assistant Deputy Commissioner, Institutional Operations, at Regional Headquarters no later than the eight months prior to statutory release. 9. The Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy/Parole Officer Supervisor will ensure that the Assessment for Decision and referral letter are forwarded to the Assistant Deputy Commissioner, Institutional Operations, at Regional Headquarters as soon as possible upon receipt.
  10. The Assistant Deputy Commissioner, Institutional Operations, will review the case and prepare a letter from the RDC to the Commissioner recommending the referral. 10. The Assistant Deputy Commissioner, Institutional Operations, will review the case and prepare a letter from the RDC to the Commissioner recommending the referral.
  11. The RDC will review the case and the results will be documented in the "additional recommendation" section of the Detention Pre-Screening. However, if the RDC does not agree with the referral, his/her decision is documented in the "decision to refer" section of the Detention Pre-Screening and the referral does not go forward. 11. The RDC will review the case and the results will be documented in the "additional recommendation" section of the Detention Pre-screening. However, if the RDC does not agree with the referral, his/her decision is documented in the "decision to refer" section of the Detention Pre-Screening and the referral does not go forward.
  12. The Assistant Deputy Commissioner, Institutional Operations, will forward the referral to NHQ Institutional Reintegration Operations Division for final review. The referral documentation must be received by NHQ no later than seven months prior to statutory release. 12. The Assistant Deputy Commissioner, Institutional Operations will forward the referral to NHQ Institutional Reintegration Operations Division for final review. The referral documentation must be received by NHQ as soon as possible upon receipt.
  13. Institutional Reintegration Operations at NHQ will review the case and prepare a letter from the Commissioner to the Chairperson of the PBC. 13. Institutional Reintegration Operations at NHQ will review the case and prepare a letter from the Commissioner to the Chairperson of the PBC.
  14. The Assistant Commissioner, Correctional Operations and Programs, will review the referral before it is presented to the Senior Deputy Commissioner. If the referral is not supported, the ACCOP will document the rationale in the "decision to refer" section of the Detention Pre-Screening. 14. The Assistant Commissioner, Correctional Operations and Programs, will review the referral before it is presented to the Senior Deputy Commissioner. If the referral is not supported, the ACCOP will document the rationale in the "decision to refer" section of the Detention Pre-Screening.
  15. The Senior Deputy Commissioner on behalf of the Commissioner will review the case and document the rationale for the referral in the "decision to refer" section of the Detention Pre-Screening. 15. The Senior Deputy Commissioner on behalf of the Commissioner will review the case and document the rationale for the referral in the "decision to refer" section of the Detention Pre-Screening.
  16. The letter from the Commissioner to the Chairperson of the PBC is signed and forwarded prior to six months before SRD. 16. The letter from the Commissioner to the Chairperson of the PBC is signed and forwarded no later than the date before the offender's statutory release.
  17. If a loss of jurisdiction occurs, the Institutional Head/District Director will immediately advise the Assistant Deputy Commissioner, Institutional Operations. The Assistant Deputy Commissioner, Institutional Operations, will advise NHQ Institutional Reintegration Operations Division, who will, in turn, inform the Assistant Commissioner, Correctional Operations and Programs. 17. If a loss of jurisdiction occurs, the Institutional Head/District Director will immediately advise the Assistant Deputy Commissioner, Institutional Operations. The Assistant Deputy Commissioner, Institutional Operations, will advise NHQ Institutional Reintegration Operations Division, who will, in turn, inform the Assistant Commissioner, Correctional Operations and Programs.

Section 132 of the CCRA lists the relevant factors to be taken into consideration when determining whether or not an offender is likely to commit an offence causing serious harm or death; a sexual offence involving a child; or a serious drug offence prior to warrant expiry.

In the case of Schedule I offences where it has not been established that the current offence caused serious harm, there is a particular burden of proof to show that a likelihood exists of a future offence causing death or serious harm. The primary factor identified as indicating future harm will be corroborated to the greatest extent possible by reference to the other factors outlined in section 132 of the CCRA. For example, where evidence is cited of a pattern of persistent violent behaviour, it will be supported by psychiatric and/or psychological information pointing to the likelihood that such violence will continue.

While it is impossible to predict future behaviour with certainty, the Parole Officer should be able to bring forward sufficient evidence to satisfy the test of "reasonable grounds to believe". For this reason, it is important to base the analysis of the case on a full range of information. This should include but not be limited to the following: the offender's previous criminal history, records of institutional behaviour, records of performance on previous releases, psychological and psychiatric evaluations conducted for release decision-making purposes, and the findings and recommendations of Community Assessments. This list is not exhaustive.

A documented analysis as to whether the offence is:

  1. is set out in Schedule I [subpar. 129(2)(a)(i)]; or
  2. is a sexual offence involving a child [subpar. 129(2)(a)(ii)]; or
  3. is set out in Schedule II [par. 129(2)(b)],

will be explicitly set forth in every case that is submitted for decision with respect to a transfer, a conditional release of any type, including temporary absence or work release, or following a suspension.

Annex E: Report Outline - Assessment for Decision for Detention

1. Introductory Statement/Case Status

  1. Provide a brief statement of the purpose of the report (type - direct or Commissioner's) and applicable section of the Act.
  2. Indicate the length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status.
  3. Present new information related to the decision, received since completion of the last Correctional Plan.

2. Risk Assessment

  1. Risk Factors
    1. Briefly analyze the offender's risk factors, specific to the offence cycle as outlined in the Correctional Plan. Incorporate actuarial assessments (e.g. SIR-R1) and reintegration potential.
  2. Analysis of the Applicable Criteria (as per section 132 of the CCRA)
    1. Direct: subparagraph 129(2)(a)(i) or subparagraph 129(2)(a)(ii) (Schedule I offence) and as applicable for Commissioner's referral: paragraphs 129(3)(a) and (b)

      Where the offence is set out in Schedule I, specify whether or not serious harm was met as per the assessment completed at intake. (Note: Serious harm is always met when there is a sexual offence involving a child.)

      • A pattern of persistent violent behaviour established on the basis of any evidence, in particular:
        • the number of offences committed by the offender causing physical or psychological harm;
        • the seriousness of the offence for which the sentence is being served;
        • reliable information demonstrating that the offender has had difficulties controlling violent or sexual impulses to the point of endangering the safety of any other person;
        • the use of a weapon in the commission of any offence by the offender;
        • explicit threats of violence made by the offender;
        • behaviour of a brutal nature associated with the commission of any offence by the offender;
        • a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender's behaviour.
      • Medical, psychiatric or psychological evidence of the likelihood of the commission of an offence causing the death of or serious harm to another person owing to a physical or mental illness or disorder of the offender.
      • Reliable information compelling the conclusion that the offender is planning to commit an offence causing the death of or serious harm to another person before the expiration of the offender's sentence according to law.
      • The availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender's sentence according to law.
    2. Direct: subparagraph 129(2)(a)(ii) sexual offence involving a child and as applicable for Commissioner's referral: paragraphs 129(3)(a) and (b)
      • A pattern of persistent sexual behaviour involving children established on the basis of any evidence, in particular:
        • the number of sexual offences involving a child committed by the offender;
        • the seriousness of the offence for which the sentence is being served;
        • reliable information demonstrating that the offender has had difficulties controlling sexual impulses involving children;
        • behaviour of a sexual nature associated with the commission of any offence by the offender; and
        • a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender's behaviour.
      • Reliable information about the offender's sexual preferences indicating that the offender is likely to commit a sexual offence involving a child.
      • Medical, psychiatric or psychological evidence of the likelihood of the offender committing a sexual offence involving a child owing to a physical or mental illness or disorder of the offender.
      • Reliable information compelling the conclusion that the offender is planning to commit a sexual offence involving a child before the expiration of the offender's sentence according to law.
      • The availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender's sentence according to law.
    3. Direct: paragraph 129(2)(b) Schedule II offence and as applicable for Commissioner's referral: paragraphs 129(3)(a) and (b)
      • A pattern of persistent involvement in drug-related crime established on the basis of any evidence, in particular:
        • the number of drug-related offences committed by the offender;
        • the seriousness of the offence for which the sentence is being served;
        • the type and quantity of drugs involved in the offence for which the sentence is being served or any prior drug-related offence(s) committed by the offender;
        • reliable information demonstrating that the offender remains involved in drug-related activities; and
        • a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender's behaviour.
      • Medical, psychiatric or psychological evidence of the likelihood of the commission of a serious drug offence owing to a physical or mental illness or disorder of the offender.
      • Reliable information compelling the conclusion that the offender is planning to commit a serious drug offence before the expiration of the offender's sentence according to law.
      • The availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender's sentence according to law.

      Note: A serious drug offence includes any offence set out in Schedule II of the CCRA; however, it is not necessary to specify which one when determining if there are reasonable grounds to believe that the offender is likely to commit such an offence.

3. Overall Assessment

Provide an overall assessment incorporating the following elements:

  1. consultation with Security Intelligence Officer (e.g. incompatibles and affiliations); if there are no concerns, a statement should be made to that effect;
  2. recent professional opinions regarding release such as Case Management Team, psychological information, police comments and/or previous (CSC/PBC) decisions (if applicable);
  3. current risk;
  4. offender engagement;
  5. outstanding factors requiring intervention;
  6. an analysis of any high risk behaviours or patterns observed during the sentence;
  7. offender's understanding of risk factors and offence cycle (including the four aspects of healing if applicable);
  8. Aboriginal social history (if applicable); and
  9. history of crime free periods of supervision, including any previous failures on release (if applicable).

4. Dissenting Opinion

Specify any differences of opinion and the reasons.

5. Recommendation

In conclusion, provide the final recommendation and summarize the rationale according to one of the following statement:

  1. "There are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender's sentence according to law." (Should not indicate that the offender is likely to commit death if he/she has never done so in the past. Use the term "serious harm" in most cases.)
  2. "There are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child or an offence causing death or serious harm to another person, before the expiration of the offender's sentence according to law."
  3. "There are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender's sentence according to law."

Annex F: Report Outline - Assessment for Decision for Detained Offenders Who Receive an Additional Sentence

1. Introductory Statement/Case Status

  1. Provide a brief statement of the purpose of the report (additional sentence received).
  2. Indicate the length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status.
  3. Where applicable, consider elements of Aboriginal social history.
  4. Present new information related to the decision, received since completion of the last Correctional Plan (details of new conviction and impact on aggregate sentence).

2. Risk Assessment

  1. Risk Factors
    1. Evaluate whether the circumstances of the new conviction alter the risk factors leading to the decision to impose the current detention order.

3. Dissenting Opinion

Specify any differences of opinion and the reasons.

4. Recommendation

In conclusion, make a statement indicating whether or not there are still reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm; a sexual offence involving a child; or a serious drug offence prior to the expiration of the offender's sentence according to law.

Annex G: Report Outline - Annual Detention Review

1. Introductory Statement/Case Status

  1. Provide a brief statement of the purpose of the report (type – direct or Commissioner's) and applicable section of the Act.
  2. Indicate the length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status.
  3. Present new information related to the decision, received since completion of the last Correctional Plan.

2. Risk Assessment

  1. Risk Factors
    1. Briefly analyze the offender's risk factors specific to the offence cycle which contributed to the decision that there were reasonable grounds to believe that the offender was likely to commit an offence causing death or serious harm to another person; a sexual offence involving a child; or a serious drug offence before the expiration of the offender's sentence according to law.
    2. Provide an analysis of the extent to which these factors have been addressed by the offender since the last review that would justify modifying the order (reduced or not reduced risk).
  2. Release Plan (if recommending modifying the detention order)
    1. Summarize the Community Strategy and address special conditions required to mitigate risk.

3. Overall Assessment

Provide an overall assessment incorporating the following elements:

  1. consultation with Security Intelligence Officer (e.g. incompatibles and affiliations); if there are no concerns, a statement should be made to that effect;
  2. recent professional opinions regarding release such as Case Management Team, psychological information, police comments and/or previous (CSC/PBC) decisions (if applicable);
  3. current risk;
  4. offender engagement;
  5. outstanding factors requiring intervention;
  6. an analysis of any high risk behaviours or patterns observed during the sentence;
  7. offender's understanding of risk factors and offence cycle (including the four aspects of healing if applicable);
  8. history of crime free periods of supervision, including any previous failures on release (if applicable);
  9. Aboriginal social history (if applicable);
  10. special conditions (if applicable).

4. Dissenting Opinion

Specify any differences of opinion and the reasons.

5. Recommendation

In conclusion, make a statement indicating whether or not there are still reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm; a sexual offence involving a child; or a serious drug offence prior to the expiration of the offender's sentence according to law.

Annex H: Penitentiaries Designated for the Purposes of a Residency Order (made under subparagraph 131(3)(a)(ii) of the CCRA)

Atlantic Region

Carlton Community Correctional Centre
5853 College Street
Halifax, N.S.
B3H 1X5

Westmorland Institution
4902A Main Street
Dorchester, N.B.
E4K 2Y9

Carlton Community Correctional Centre Annex
2044 Gottingen Street, 5th Floor
Halifax, N.S.
B3K 3A9

Nova Institution for Women
180 James Street
Truro, N.S.
B2N 6R8

Parrtown Community Correctional Centre
23 Carleton Street
Saint John, N.B.
E2L 2Z2

Newfoundland Community Correctional Centre
531 Charter Avenue
St. John's, NFLD
A1A 1P7

Quebec Region

Archambault Institution
242 Montée Gagnon
Sainte-Anne-des-Plaines, Quebec
J0N 1H0

Marcel-Caron Community Correctional Centre
825 Kirouac Street
Quebec City, Quebec
G1N 2J7

Federal Training Centre
6099 Lévesque Blvd.
Saint-Vincent-de-Paul
Laval, Quebec
H7C 1P1

Martineau Community Correctional Centre
10345 St-Laurent Blvd.
Montreal, Quebec
H3L 2P1

Hochelaga Community Correctional Centre
6905 Hochelaga Street
Montreal, Quebec
H1N 1Y9

Montée St-François Institution
1300 Montée St-François
Saint-Vincent-de-Paul
City of Laval, Quebec
H7C 1S6

Joliette Institution
400 Marsolais Street
Joliette, Quebec
J6E 8V4

Sherbrooke Community Correctional Centre
2190 Sherbrooke Street East
Montreal, Quebec
H2K 1C7

Laferrière Community Correctional Centre
202 Saint-Georges Street
Saint-Jérôme, Quebec
J7Z 4Z9

Ogilvy Community Correctional Centre
435 Ogilvy Street
Montreal, Quebec
H3N 1M3

La Macaza Institution
321 Chemin de l'Aéroport
La Macaza, Quebec
J0T 1R0

Ste-Anne-des-Plaines Institution
244 Montée Gagnon
Sainte-Anne-des-Plaines, Quebec
J0N 1H0

Ontario Region

Beaver Creek Institution
P.O. Box 1240
Gravenhurst, Ontario
P0C 1G0

Grand Valley Institution for Women
1575 Homer Watson Blvd.
Kitchener, Ontario
N2P 2C5

Hamilton Community Correctional Centre
3rd Floor, 94 York Blvd.
Hamilton, Ontario
L8R 1R6

Pittsburgh Institution
P.O. Box 4510
Hwy. 15
Kingston, Ontario
K7L 5E5

Keele Community Correctional Centre
2nd Floor, 330 Keele Street
Toronto, Ontario
M6P 2K7

Frontenac Institution
P.O. Box 7500
Kingston, Ontario
K7L 5E6

Portsmouth Community Correctional Centre
508 Portsmouth Avenue
Kingston, Ontario
K7M 1V8

Prairie Region

Bowden Institution
P.O. Box 6000
Innisfail, Alberta
T4G 1V1

Okimaw Ohci Healing Lodge
P.O. Box 1929
Maple Creek, Saskatchewan
S0N 1N0

Grande Cache Institution
Bag 4000
Grande Cache, Alberta
T0E 0Y0

Drumheller Institution
P.O. Box 3000
Drumheller, Alberta
T0J 0Y0

Rockwood Institution
P.O. Box 72
Stony Mountain, Manitoba
R3C 3A0

Grierson Centre
Lower Level, 9530 - 101 Avenue
Edmonton, Alberta
T5H 0B3

Osborne Community Correctional Centre
45 Edmonton Street
Winnipeg, Manitoba
R3C 1P8

Pê Sâkâstêw Centre
P.O. Box 1500
Hobbema, Alberta
T0C 1N0

Oskana Community Correctional Centre
1314 - 11th Avenue
Regina, Saskatchewan
S4P 0G7

Edmonton Institution for Women
11151 - 178th Street
Edmonton, Alberta
T5S 2H9

Riverbend Institution
(prev. Saskatchewan Farm Institution)
P.O. Box 160
Prince Albert, Saskatchewan
S6V 5R6

Willow Cree Healing Lodge
P.O. Box 520
Duck Lake, Saskatchewan
S0K 1J0

Pacific Region

Ferndale Institution
P.O. Box 50
Mission, B.C.
V2V 4L8

Kwìkwèxwelhp Healing Lodge
Harrison Mills, B.C.
V0M 1L0

William Head Institution
P.O. Box 4000
Postal Station "A"
Victoria, B.C.
V8X 3Y8

Chilliwack Community Correctional Centre
45914 Rowal Avenue
Chilliwack, B.C.
V2P 1J3

Fraser Valley Institution for Women
33344 King Road
Abbotsford, B.C.
V2S 6J5